Can the community sign the property contract instead of the owner?

You can't. Neighborhood committees and communities have no right to sign contracts with property companies on behalf of all owners without the consent of the owners' meeting. Moreover, the property service contract is a collective contract, and the signing subject is stipulated by law and needs to go through legal procedures. Only the owners' committee authorized by the owners' congress is qualified to sign the property service contract.

The property contract is a standard contract, and the property management service contract shall include the following contents:

1. Basic information of both parties and entrusted property management;

2, property management services and service quality requirements;

3. Standards and collection methods of property management service fees;

4. The term of the contract, the agreement on the termination and rescission of the contract, the transfer method of property management service fee, balance maintenance fee, property management premises and property information. Received in advance when the contract is terminated;

5. Liability for breach of contract and dispute settlement methods;

6. Other matters agreed by both parties.

The realty service contract refers to the service contract signed between the realty service enterprise and the owners' committee, which stipulates that the realty service enterprise shall carry out professional maintenance, conservation, management and maintenance of the environmental sanitation and public order in the relevant areas, and the owners shall pay remuneration.

II. Matters needing attention in signing the property management contract:

(1) Define the rights and obligations of the owner and the property management company, and the verbal commitments of the developer and the property management company should be implemented in the agreement and well documented;

(2) Clarify the specific content of property management companies providing property services, whether their responsibilities are clear, and whether the quality standards of property management services are detailed, quantified and have assessment basis;

③ Clarify the standard and payment method of property management service fee and whether the extraction of related fees is reasonable;

(4) clearly stipulate the matters that the owner should abide by in the process of using the property in the agreement;

⑤ Whether the agreement on termination and dissolution of the agreement is clear and reasonable;

⑥ Whether the definition of both parties' liabilities for breach of contract is clear and reasonable;

⑦ Determine whether the property management enterprise has the corresponding qualification grade. Generally speaking, the higher the qualification level, the more professionals, the stronger the capital strength, the higher the service level and the larger the management scale;

Property management companies without qualification certificates have no right to engage in property management services.

Owners should also pay attention to:

① Whether the basic content of the preliminary property management service agreement is consistent with the preliminary property management service contract signed by the developer and the property management enterprise;

(2) Whether the contents of the agreement are consistent for all buyers.

legal ground

property management regulations

Article 34 The owners' committee shall sign a written realty service contract with the realty service enterprise selected by the owners' congress. Property service contracts shall stipulate property management matters, service quality, service fees, rights and obligations of both parties, management and use of special maintenance funds, property management premises, contract term, liability for breach of contract, etc.

Twenty-first in the owners' meeting, the owners' meeting to hire a property service enterprise, the construction unit to hire a property service enterprise, it shall sign a written preliminary property service contract.